A Sioux Falls man caught in the Washington Pavilion having simulated sex with a mannequin didn't commit a crime of indecent exposure, the state Supreme Court says.
In a decision released Thursday, the court reversed the conviction of Michael James Plenty Horse, who was found in the late afternoon of Nov. 14, 2005, lying on top of a mannequin in the Alumni Room of the Pavilion.
A security guard surprised Plenty Horse, the record says. He lay with his pants partially down on a mannequin which had its band uniform partially removed. He was 19 at the time.
The Supreme Court unanimously reversed a misdemeanor conviction, saying the state's indecent exposure statute "criminalizes sexual gratification by displaying or showing one's genitals in public."
The evidence failed to show that Plenty Horse was trying to display himself in public. It was almost closing at the Pavilion, and no other patrons were around when the guard found the man.
The court said Plenty Horse's action, "lewd though it may be, does not fall within the purview of the indecent exposure statute."
Details here from the South Dakota Argus Leader. (via ObscureStore.com)